Matthew Sag
Loyola University Chicago School of Law
25 E. Pearson Street, Chicago, IL 60611
[email protected] • www.matthewsag.com
Academic Appointments
LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW
Professor, June 1, 2013 – present
Associate Professor, July 2011 – June 2013
INSTITUTE FOR CONSUMER ANTITRUST STUDIES
Associate Director for Intellectual Property, January 2012 – present
DEPAUL UNIVERSITY COLLEGE OF LAW
Associate Professor, July 2009 – June 2011
Assistant Professor, July 2006 – June 2009
Visiting Appointments
MELBOURNE UNIVERSITY LAW SCHOOL, Spring 2013
LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW, Fall 2010, Spring 2011
UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Spring 2008
NORTHWESTERN UNIVERSITY SCHOOL OF LAW, Fall 2004 through Spring 2006
Other Appointments
COLLEGE ART ASSOCIATION, CODE OF BEST PRACTICES IN FAIR USE OF COPYRIGHTED
MATERIALS FOR THE VISUAL ARTS, Legal Advisory Committee 2014-15
Education
THE AUSTRALIAN NATIONAL UNIVERSITY
Bachelor of Arts 1997
Bachelor of Laws (with honors) 1997
Judicial Clerkship
FEDERAL COURT OF AUSTRALIA
Associate to the honorable Justice Paul Finn, August 1997 – July 1998
Honors & Awards
Searle Visiting Fellow, Searle Center on Law, Regulation, and Economic Growth, Northwestern
University School of Law (Summer, Fall 2011)
DePaul University Excellence in Scholarship Award (2009)
Publications
Promoting Innovation, 100 IOWA LAW REVIEW (forthcoming) (with Spencer Weber Waller)
Copyright Trolling, An Empirical Study, 100 IOWA LAW REVIEW (forthcoming)1
League Structure & Stadium Rent Seeking – the Antitrust Role Reconsidered, 65 FLORIDA LAW
REVIEW 1 – 72 (2013) (with David Haddock and Tonja Jacobi)
Digital Archives: Don’t Let Copyright Block Data Mining, 490 NATURE 29-30 (October 4, 2012)
(with Matthew Jockers and Jason Schultz)
Orphan Works as Grist for the Data Mill, 27 BERKELEY TECHNOLOGY LAW JOURNAL 1503 –
1550 (2012)
An Information-Gathering Approach to Copyright Policy, 34 CARDOZO LAW REVIEW 173 – 247
(2012) (with Peter DiCola)
Predicting Fair Use, 73 OHIO STATE LAW JOURNAL 47– 91 (2012)2
The Pre-History of Fair Use, 76 BROOKLYN LAW REVIEW 1371-1412 (2011)3
The Google Book Settlement and the Fair Use Counterfactual, 55 NEW YORK LAW SCHOOL LAW
REVIEW 19 – 76 (2010)4
Copyright and Copy-Reliant Technology, 103 NORTHWESTERN UNIVERSITY LAW REVIEW 1607–
1682 (2009)
Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases, 98 THE
GEORGETOWN LAW JOURNAL 1–75 (2009) (with Tonja Jacobi)
1
Cited in Voltage Pictures, LLC v. Doe No. 1, (IP 98.246.58.231), 2014 WL 2830845 (D. Or. June 20, 2014); House Judiciary
Subcommittee on Courts, Intellectual Property and the Internet Hearing; "Copyright Remedies."; Testimony by Matt Schruers,
Vice President for Law and Policy, Computer and Communications Industry Association (July 24, 2014); One Single Porn
Copyright Troll, Malibu Media, Accounted For Nearly 40% Of All Copyright Lawsuits This Year, Techdirt
(May 19, 2014).
2 Cited in House Judiciary Subcommittee on Courts, Intellectual Property and the Internet Hearing; "The Scope of Fair Use.";
Testimony by Peter Jaszi (January 28, 2014); Australian Law Reform Commission, Copyright and the Digital Economy, ALRC
Final Report 122, November 2013.
3 Cited in Monge v. Maya Magazines, Inc., 2012 U.S. App. LEXIS 16947 (9th Cir. Cal. Aug. 14, 2012); Australian Law Reform
Commission, Copyright and the Digital Economy, ALRC Final Report 122, November 2013.
4 Cited in Authors Guild v. Google Inc., 770 F. Supp. 2d 666 (S.D.N.Y. 2011).
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Ideology and Exceptionalism in Intellectual Property – An Empirical Study 97 CALIFORNIA LAW
REVIEW 801 – 856 (2009) (with Tonja Jacobi & Maxim Sytch)
Patent Reform and Differential Impact, 8 MINNESOTA JOURNAL OF LAW, SCIENCE &
TECHNOLOGY 1 – 96 (2007) (with Kurt Rohde)5
Beyond Abstraction, The Law And Economics Of Copyright Scope And Doctrinal Efficiency, 81
TULANE LAW REVIEW 187 – 250 (2006)
Twelve Year-Olds, Grandmothers, and Other Good Targets for File Sharing Litigation, 4
NORTHWESTERN JOURNAL OF TECHNOLOGY & INTELLECTUAL PROPERTY 133 – 155 (2006)
God in the Machine: A New Structural Analysis of the Fair Use Doctrine in Copyright Law, 11
MICHIGAN TELECOMMUNICATIONS & TECHNOLOGY LAW REVIEW 381 – 435 (2005)
Working Papers
IP Litigation Trends in United States District Courts – 1994 to 2014
Works In Progress
An Empirical Study of Substantial Similarity (co-authored with Barton Beebe, Jeanie Fromer and
Neil W. Netanel)
Short Papers
The Uncertain Scope of the Public Performance Right After Aereo
Empirical Studies of Copyright Litigation: Nature of Suit Coding
Significant Amicus Briefs & Submissions
Brief of Digital Humanities and Law Scholars in Support of Defendants-Appellees and
Affirmance in Authors Guild v. Google (13-4829) (July 10, 2014)
Brief of Digital Humanities and Law Scholars in Support of Defendants-Appellees and
Affirmance in Authors Guild v. HathiTrust (12-4547) (June 4, 2013)6
The Fair Use Doctrine in the United States — A Response to the Kernochan Report, a
submission dated July 26, 2013 to Australian Law Reform Commission in connection with its
study of Copyright and the Digital Economy (co-authored with Gwen Hinze & Peter A. Jaszi)7
5
Cited in three separate amicus briefs in Microsoft Corp. v. I4I, 2010 U.S. Briefs 290 (U.S. Feb. 2, 2011); Therasense, Inc. v.
Becton, Dickinson & Co., 2008 U.S. Fed. Cir. Briefs 1511 (Fed. Cir. Oct. 15, 2010); Microsoft Corp. v. Z4 Techs., 2007 U.S.
Briefs 1243 (U.S. Mar. 31, 2008).
6 Australian Law Reform Commission, Copyright and the Digital Economy, ALRC Final Report 122, November 2013.
7 Cited in Australian Law Reform Commission, Copyright and the Digital Economy, ALRC Final Report 122, November 2013.
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Brief of Digital Humanities and Law Scholars in Support of Defendants’ Motion For Summary
Judgment in Authors Guild v. HathiTrust (11-CV-06351-HB)8
Brief of Digital Humanities and Law Scholars in Support of Defendants’ Motion For Summary
Judgment in Authors Guild v. Google9
Social Media
Occasional blog posts at www.matthewsag.com
Twitter feed – @matthewsag
Selected Presentations
Intellectual Property Scholars Conference
Midwest Political Science Association Annual Meeting
Conference on Empirical Legal Studies
American Political Science Association Annual Meeting
European Law & Economics Association Annual Meeting
American Law & Economics Association Annual Meeting
Midwest Law & Economics Association
American Intellectual Property Law Association, Annual Meeting
Berkeley Program in Law & Economics
University of Virginia, John M. Olin Program in Law & Economics
2005 – 2014
2012
2007, 2011 –
2012
2009
2009
2008
2005, 2008
2007
2007
2007
Courses Taught
Property • Law & Economics • Copyright Law • Antitrust & Intellectual Property
Trademark & Unfair Competition Law • International Intellectual Property • Intellectual Property
Survey • Innovation, Competition & Intellectual Property • E-Commerce
Peer Review Service
Review of Law & Economics
Israel Science Foundation, Social Sciences & Humanities
Teaching Evaluations
Average of Fall 2013 and Spring 2014 for “Excellent Teacher” survey question = 4.4 out of 5.
Details available upon request.
Legal Practice & Bar Admission
Skadden, Arps, Slate, Meagher & Flom LLP, Palo Alto, California, 2001 – 2004 • Arnold &
Porter LLP, London, England, 2000 • Corrs Chambers Westgarth, Lawyers, Canberra, Australia,
8
Cited in the judgment of Hon. Harold Baer, Jr., District Judge in Authors Guild, Inc. v. HathiTrust, 902 F. Supp. 2d 445, 460,
464 & fn 22 (S.D.N.Y. 2012)
9 Cited in the judgment of Hon. Denny Chin, District Judge in Authors Guild, Inc. v. Google Inc., 954 F. Supp. 2d 282, 287
(S.D.N.Y. 2013)
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1998 – 1999 • California Bar
References
Available on request
Page 5
FULL LIST OF INVITED SPEECHES & PRESENTATIONS
The Uncertain Scope of the Public Performance Right After Aereo. ABA IP Section of Litigation
Roundtable, Chicago Illinois, December 18, 2014 (co-moderator of a discussion based on my
issues paper)
Workshop on The State of Fair Use in U.S. Copyright Law As It Affects Libraries and
Educational Institutions, University of California, Berkeley, December 8, 2014 (selected
participant)
IP Litigation Trends in United States District Courts – 1994 to 2014, UCLA Entertainment,
Media, and Intellectual Property Colloquium Workshop, UCLA School of Law, November 16,
2014
IP Litigation Trends in United States District Courts – 1994 to 2014, Roundtable on Empirical
Methods in Intellectual Property September 19-20, 2014 (presentation)
Copyright Trolling, An Empirical Study, Intellectual Property Scholars Conference, University of
California, Berkeley, August 8-10, 2014 (presentation)
Copyright Trolling, An Empirical Study, 2014 SERCI (Society for Economic Research on
Copyright Issues) Annual Congress, Barcelona, Spain, July 10-11, 2014 (presentation)
Copyright Trolling, An Empirical Study, Law & Society, Minneapolis, May 29, 2014
(presentation)
Patent Trolls and Chicago’s Tech Community, Chicago Tech Roundtable, April 18, 2014
(invited speaker)
Copyright Trolling, An Empirical Study, Internet Law Scholarship, 4th Annual Work-in-Progress
Symposium, New York Law School, March 8, 2014 (presentation)
American Broadcasting Companies, Inc. v. Aereo, Inc., Northwestern Journal of Technology and
Intellectual Property’s Annual Symposium, Northwestern University School of Law, February
28, 2014 (panel presentation)
Copyright, Mass Digitization and the Digital Humanities, University of Iowa Law School,
November 8, 2013 (faculty presentation)
Copyright and Mass-Digitization and the Strategic Importance of Data-mining –
CREATe/Wellcome Trust Symposium “Archives and Copyright: Developing an Agenda for
Reform” September 27, 2013, Wellcome Trust, London. (invited presentation)
An Economic Analysis of Design Patents – Intellectual Property Scholars Conference, Cardozo
Law School, August 8, 2013 (comment)
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Compulsory Licenses and Copyright Collectives – Intellectual Property Scholars Conference,
Cardozo Law School, August 8, 2013 (presentation)
Webcasting Through the Lens of Kristelia Garcia’s Penalty Default Licenses– Searle Center
Research Roundtable on the Law and Economics of Digital Markets, July 29-Tuesday 2013
(comment)
Predicting Fair Use – Melbourne Law School Faculty Research Seminar Series, March 11, 2013
(presentation)
Copyright Reform in the Digital Age: Is Fair Use Too Uncertain? – The Australian Digital
Alliance 2013 Annual Copyright Forum, March 1, 2013 (keynote address)
Second Annual Global Congress on Intellectual Property and the Public Interest, Rio De Janeiro
December 14-17, 2012 (participating expert)
Standards of Proof in Patent Litigation – CELS 2012 (Conference on Empirical Legal Studies),
Stanford University School of Law, November 9, 2012 (comment)
Copyright Policy and Information – Intellectual Property Law Speaker Series, University of San
Diego School of Law, November 8, 2012 (invited presentation)
Orphan Works and Mass Digitization – In Re Books, a conference on law and the future of
books, New York Law School, October 26-27, 2012 (presentation/panelist)
Global Research Network on Copyright Flexibilities in National Legal Reform – Experts
Meeting, Program on Information Justice and Intellectual Property at American University
Washington College of Law, September 14-15, 2012 (participating expert)
Orphan Works as Grist for the Data Mill – Intellectual Property Scholars Conference, Stanford
University School of Law, August 12, 2012 (presentation)
Orphan Works as Grist for the Data Mill – UC Berkeley School of Law, Orphan Works & Mass
Digitization Conference, April 12-13, 2012 (presentation)
League Structure and Stadium Rent Seeking – The Role of Antitrust Revisited – Cardozo
Benjamin N. Cardozo School of Law IP Speaker Series, March 5, 2012 (presentation)
Copyright and the Future of the Entertainment Industry – Northwestern Journal of Technology &
Intellectual Property Annual Symposium, February 24, 2012 (panelist)
Sports, Economics and Politics — League Structure and Rent Seeking Through Stadiums –
Marquette University School of Law Intellectual Property Colloquium, January 25, 2012
(presentation)
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Predicting Fair Use – University of Washington, IP Colloquium, December 5, 2011
(presentation)
Predicting Fair Use – CELS 2011 (Conference on Empirical Legal Studies), Northwestern
University School of Law, November 5, 2011 (presentation)
Predicting Fair Use – the 39th Research Conference on Communication, Information and Internet
Policy (Telecommunications Policy Research Conference), George Mason University Law
School, Arlington, Virginia September 23-25, 2011 (presentation)
Predicting Fair Use – Intellectual Property Scholars Conference, DePaul University College of
Law, August 11, 2011 (plenary presentation)
Predicting Fair Use – the International Max Planck Research School for Competition and
Innovation's Second Workshop for Junior Researchers on the Law & Economics of Intellectual
Property and Competition Law, Munich, Germany, June 5, 2011 (presentation)
Fairly Useful: An Empirical Study Of Copyright’s Fair Use Doctrine – Internet Law Scholars
Conference, Santa Clara University, March 5, 2011 (presentation)
Objective Factors in Fair Use Litigation – Research Design and Causal Inference Workshop,
Northwestern University School of Law, August 16, 2010 (workshop presentation)
Objective Factors in Fair Use Litigation – Intellectual Property Scholars Conference, University
of California, Berkeley, August 12-13, 2010 (presentation)
Research Symposium on Economics and Law of Internet Search, Northwestern University
School of Law, June 10–11, 2010 (invited participant)
The Pre-History of Fair Use – Copyright @300, Looking Back on the Statute of Anne,
University of California, Berkeley, April 9-10, 2010 (presentation)
Trademark and Copyright in the Days of Internet: The Google Influence, Northwestern
University Journal of Technology & Intellectual Property Annual Symposium, March 5, 2010
(presentation)
Patenting Social Interactions: Bilski Before the Supreme Court, Northwestern University Journal
of Technology & Intellectual Property Annual Symposium, March 5, 2010 (presentation)
Google Book, Northwestern University School of Law, IP Week, January 11, 2010 (guest
speaker)
Searle Center, Roundtable on Empirical Studies of Patent Litigation, November 12–13, 2009,
Northwestern University School of Law (invited participant)
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Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases – European
Association of Law and Economics, Rome, September 17-19, 2009 (presentation)
Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases – American
Political Science Association Annual National Conference, Toronto, September 2009
(presentation)
Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases – Intellectual
Property Scholars Conference, Cardozo Law School, August 6-7, 2009 (presentation)
The Welfare Effects of the Google Book Settlement – Northwestern University School of Law,
Maturing Internet Studies Conference, May 20, 2009 (presentation)
Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases – Midwest
Political Science Association Annual National Conference, Chicago, April 3, 2009 (presentation)
Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases – Junior Scholars
in Intellectual Property Conference, Michigan State University, March 27–28, 2009
(presentation)
Searle Center, Research Symposium on Property Rights Economics and Innovation, November
14–15, 2008, Northwestern University School of Law (invited participant)
Copyright and Copy-reliant Technology – Midwest Law and Economics Association, Annual
Meeting, Northwestern University, Chicago, October 3, 2008 (presentation)
Copyright and Copy-reliant Technology – Intellectual Property Scholars Conference, Stanford
University, August 9-10, 2008 (presentation)
The Economics and Law of the Entrepreneur – Searle Center Research Symposium,
Northwestern University School of Law, June 18–19, 2008 (invited participant)
Mapping The Frontiers of New Institutional Economics, University of Colorado Law School,
Wednesday, June 11, 2008 (invited participant)
The Effect of Ideology in Intellectual Property Cases – American Law & Economics Association
Annual Meeting, Columbia University School of Law, May 15, 2008 (invited presentation)
Copyright and Copy-reliant Technology – Faculty Workshop at the University of Virginia
School of Law, March 28, 2008 (presentation)
Law & Economics of Innovation – Searle Center Research Roundtable, Northwestern University
School of Law, December 6–7, 2007 (invited participant)
The Effect of Ideology in Intellectual Property Cases – Second Annual Conference on Empirical
Legal Studies, NYU Law School, November 9–10, 2007 (invited presentation)
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The Effect of Ideology in Intellectual Property Cases – Berkeley Program in Law & Economics,
Law and Economics Workshop, October 29, 2007 (invited presentation)
A Proposal for Volunteer Judges to Hear Patent Cases, A Conversation with the Judiciary,
Featuring Hon. James F. Holderman, Hon. Robert W. Gettleman, and Hon, Elaine E. Bucklo
October 24, 2007 (moderator).
The Effect of Ideology in Intellectual Property Cases – University of Virginia, John M. Olin
Program in Law and Economics, Law and Economics Workshop, October 22, 2007 (invited
presentation)
Fair Use in the Internet Age– American Intellectual Property Law Association, Annual Meeting,
Washington, D.C., October 18–20, 2007 (invited presentation)
The Significance of Opt-Out Mechanisms in Fair Use Analysis – Works In Progress IP,
American University, September 28, 2007 (presentation)
Intellectual Property and Access to Medicines in the Developing World – A Roundtable
Discussion co-sponsored by DePaul University College of Law and Doctors Without
Borders/Médecins Sans Frontières, September 20, 2007 (Chair, moderator)
The Effect of Ideology in Intellectual Property Cases – Intellectual Property Scholars
Conference, DePaul University College of Law, August 10-11, 2007 (presentation)
Patent Litigation Reform in the Courts and Congress – Seventh Circuit Bar Association &
Judicial Conference, May 8, 2007 (Panelist)
Copyright – Michigan State University Intellectual Property Symposium, March 30-31, 2007
(Moderator)
DePaul University College of Law 10th Annual Symposium: Patents and Progress, DePaul
University College of Law, March 15, 16, 2007 (Co-Chair, Moderator & Commentator)
A Conversation with the Judiciary, Featuring Hon. Alex Kozinski, United States Court of
Appeals for the 9th Circuit; Hon. Richard Posner, United States Court of Appeals for the 7th
Circuit; and Hon. Diane Wood, United States Court of Appeals for the 7th Circuit. DePaul
University College of Law, November 2, 2006 (Moderator)
Patent Reform and Differential Impact – Intellectual Property Scholars Conference, U.C.
Berkeley, August 11, 2006. (Presentation)
A Comment on Strategic Behaviors and Competition – American Association of Law Schools
Workshop on Intellectual Property, Vancouver, June 15, 2006 (Comment)
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Piracy: The Recording Industry’s Optimal Litigation Strategy – 1st Annual Northwestern Journal
of Technology and Intellectual Property Symposium IP Litigation in the 21st Century, Chicago,
February 24, 2006 (Presentation)
IP Issues for Bloggers – Columbia College School of Journalism, Chicago, February 21, 2006
(Presentation)
Google Book: Fair Use or Free Lunch – Northwestern University School of Law Intellectual
Property Law Society, Chicago, January 12, 2005 (panel)
The Law and Economics of Copyright Scope and Fair Use – Midwest Law and Economics
Association, Annual Meeting, Chicago, October 14, 2005 (Presentation)
The IP in iPod – a presentation to the Northwestern University School of Law Intellectual
Property Law Society, Chicago, September 28, 2005 (Presentation)
Applying Law and Economics to Copyright's Fair Use Doctrine – Canadian Law and Economics
Association, Annual Meeting, Toronto, September 25, 2005 (Presentation)
Copyright Scope and the Law and Economics of Fair Use – Intellectual Property Scholars
Conference, New York, August 11, 2005 (Presentation)
Intellectual Property, Antitrust and the Public Domain – Loyola Antitrust Colloquium, Chicago,
April 8, 2005 (Comment)
Patent Litigation and Its Effect on Technology Commercialization – a presentation to the
Northwestern University School of Law Intellectual Property Law Society, Chicago, January 12,
2005 (moderator)
The Future of Intellectual Property – a presentation to the Northwestern University School of
Law Intellectual Property Law Society, Chicago, September 28, 2004 (Presentation)
MEDIA
Interviewed on Politics Tonight, WGN-TV with Paul Lisnik re: the Stop Online Piracy Act on
Wednesday, January 18, 2012.
Quoted in Chicago Tribune (reporter Jason Meisner), Reclusive musician sues pop star Nicki
Minaj, September 11, 2013
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